The U.P. Prohibition of Disposal or Movement of Diesel Generating Sets Order, 1977
Published vide Notification U.P. Gazette, (Extraordinary), dated 1st October, 1977, pages 2-3, vide Notification No. 5313-P-3-77/23-381-77, dated October 4, 1977
Whereas certain industrial units have installed generating sets in order to meet their requirements and thereby also to relieve wholly or in part pressure on the resources of the Uttar Pradesh State Electricity Board in the supply of electrical energy;
And whereas the State Government have also subsidised such industrial units for the purchase of generating sets with the aforesaid object in view.
And whereas it is expedient that power generation for the sets referred to above continues unaffected;
And whereas the disposal and movement of the sets aforesaid outside the State is likely to affect adversely generation and availability of power in the State;
And whereas the State Government are of opinion that it is necessary and expedient so to do, for maintenance and securing the equitable distribution of electrical energy;
Now, therefore, in exercise of the powers under sub-section (1) of Section 22-B of the Indian Electricity Act, 1910 (Act XI of 1910), and all other powers enabling him in this behalf the Governor is pleased to make the following orders:
1. Short title, extent and commencement. - (i) This Order may be called the Uttar Pradesh Prohibition of Disposal or Movement of Diesel Generating Sets Order, 1977.
(ii) It shall extend to the whole of Uttar Pradesh.
(iii) It shall come into force at once.
2. Definition. - In this Order, 'factor' means a factory defined in the Factories Act, 1948, but does not include a factory in which a manufacturing process is being or is ordinarily carried on with the aid of power.
3. Registrations on disposal and dealings in respect of Diesel generating sets. - (1) Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract or agreement to sell or other instrument, no person, shall, on or after the commencement of this Order and for the period during which this Order remains in force, dispose, of dismantle or render ineffective in any other manner any diesel generating set installed in a factory or other industrial establishment without having obtained prior permission of the State Government in this behalf.
(2) The State Government may grant the permission referred to in sub-clause (1) where it is of opinion that the resulting hardship to the owner of such factory or other industrial establishment in the event of the permission being declined would be disproportionate to the benefit occurring to the State from the generating capacity of the particular generating set or where the disposal or dismantling is otherwise found to be necessary under compelling circumstances.
(3) The provisions contained in clauses (1) and (2) shall apply to every diesel generating set installed in a factory or other industrial establishment whether before or after commencement of this Order.